Category: Notices Legal Notices
Source: NMG Classifieds
Listed: Fri Sep 13th
NOTICE ORDINANCE 2024-24 AN ORDINANCE OF THE TOWNSHIP OF WEST WINDSOR, IN MERCER COUNTY, NEW JERSEY, SUBMITTING A PUBLIC INITIATIVE TO THE VOTERS OF WEST WINDSOR TOWNSHIP CONCERNING ALTERNATIVES TO THE TOWNSHIP’S FORM OF GOVERNMENT WHEREAS, under the Charter of West Windsor Township, the Township currently operates under a non-partisan Mayor-Council form of government under the Faulkner Act, with a five-member council and non-partisan local elections being held during the general election in November; and WHEREAS, a Petition was submitted to the Township Clerk, by a Committee of Petitioners comprised of five qualified voters in the Township (the “Petition”), proposing one question for the general election ballot which seeks to amend the Township Charter to provide for the following alternative to the current non-partisan Mayor-Council form of government under the Faulkner Act: (i) partisan elections to be held in the November General Election; and WHERAS, pursuant to N.J.S.A. 40:69A-25.1, a petition seeking to amend a municipal charter may be initiated by voters, subject to the provisions of N.J.S.A. 69A-184 through -196 or initiated by ordinance adopted by the governing body, subject to provisions of N.J.S.A. 69A-191 through N.J.S.A. 69A-196; and WHEREAS, pursuant to N.J.S.A. 40:69A-25.1, a petition seeking to amend a municipal charter must be signed by a number of the legal voters of the municipality equal in number to at least twenty-five percent (25%) of the total votes cast in the municipality at the last election at which members of the General Assembly were elected; and WHEREAS, pursuant to N.J.S.A. 40:69A-184, attached to the petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that all the signatures appended thereto were made in his presence, and that he believes them to be the genuine signatures of the persons whose names they purport to be; and WHEREAS, pursuant to N.J.S.A. 40:69A-25.1(a)(2)(a), the Petition must be submitted to the Township Clerk at least 20 days prior to being introduced as an ordinance by the Township Council at its next regularly scheduled meeting, a public hearing must take place at the following regularly scheduled meeting, and, if passed, the ordinance must be submitted to the County Clerk for placement on the general election ballot by August 27, 2024. WHEREAS, the Township Clerk received the Petitions on July 24th, 2024 and on August 5th, 2024 advised the Committee of Petitioners that they were insufficient in the number of signatures required for the initiative to be placed on the November ballot and that they had till August 14th to provide additional petitions to the Township Clerk per N.J.S.A. 40:69A-188; and WHEREAS, the Committee of Petitioners provided additional petitions to the Township Clerk on August 6th as per N.J.S.A. 40:69A-188 and after review of these petitions the Township Clerk certified to the Committee of Petitioners that the Petition contains a proper statement of the circulators and is signed by the proper amount of qualified voters on August 12, 2024, which is 25% of the total voters in the last General Assembly Election which was held in November of 2023 and therefore finds the Petition to be sufficient under the standard imposed by N.J.S.A. 40:69A-187; and WHEREAS, per N.J.S.A. 40:69A-187 the Township Clerk at the next public meeting of the Township Council which is August 12, 2024 will certify the petition results to the Township Council and the Public; and WHEREAS, the Township Clerk per N.J.S.A. 40-69A-190 that upon the Township Clerk’s certification to the Township Council this will be deemed to have first reading and a Public Hearing is to be scheduled which will occur at the next Township Council meeting to be held on August 26, 2024; and WHEREAS, per N.J.S.A. 40-69A-191 “If within 20 days of the submission of a certified petition by the municipal clear the council shall fail to pass an ordinance requested by an initiative petition in substantially the form requested or to repeal an ordinance as requested by referendum petition, the municipal clerk shall submit the ordinance to the voters unless, within 10 days after final adverse action by the council or after the expiration of the time allowed for such action, as the case may be, a paper signed by at lease four of the five members of the Committee of Petitions shall be filed with the municipal clerk requesting that the petition be withdrawn. Upon the filing of such a request, the original petition shall cease to have any force or effect”; and WHEREAS, this ordinance if passed by the voters of West Windsor Township will be binding and would take effect for the 2025 Primary and General Election and cannot be changed for at least three years; and NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the Township Council of the Township of West Windsor that pursuant to N.J.S.A. 40:69A-25.1, the Township Clerk is hereby authorized to forward the ordinance to the Mercer County Clerk who will place the below initiative question on the West Windsor Township ballot for the November 5, 2024 General Election: Shall the municipal charter of the Township of West Windsor, governed by the non-partisan Mayor-Council form of government under the Faulkner Act, be amended, as permitted under that plan, to provide for a change from non-partisan to partisan municipal elections to be held in November? Yes No BE IT FURTHER ORDAINED AND ENACTED, that the County Clerk shall also print the below Interpretative Statement to appear on the November 5, 2024 ballot to provide guidance to the voters in making this decision. Interpretative Statement The Township of West Windsor currently holds nonpartisan municipal elections in November, meaning that a candidate’s party affiliation is not currently indicated on the ballot. Voting “yes” to this question will allow for a change from non-partisan candidates for municipal office to partisan candidates for office to appear on the ballot as either a nominee of a political party or as an independent. A “No” vote will result in the continuation of nonpartisan elections to be held in November. Repealer, Severability and Effective Date. A. Repealer . Any and all Ordinances inconsistent with the terms of this Ordinance are hereby repealed to the extent of any such inconsistencies. B. Severability . In the event that any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof C. Effective Date. This ordinance shall take effect upon affirmative vote of the voters of West Windsor Township and the certification of election results by the Mercer County Clerk of the General Election of November 5, 2024. INTRODUCTION: The Township Clerk certified the petition to be sufficient in signatures to the Township Council and a date for the public hearing was set PUBLIC HEARING: August 26, 2024 ADOPTION: The Township Council voted 4 to 1 to not pass the ordinance. The Township Clerk per State Statute forwarded the initiative question to the County Clerk EFFECTIVE DATE: The effective date will be once the County Clerk has certified the election results in November if the voters vote for this change. Allison D. Sheehan Township Clerk Township of West Windsor 1x, PP, 9/13/24, Fee:$108.11
Source: NMG Classifieds
Listed: Fri Sep 13th
NOTICE ORDINANCE 2024-24 AN ORDINANCE OF THE TOWNSHIP OF WEST WINDSOR, IN MERCER COUNTY, NEW JERSEY, SUBMITTING A PUBLIC INITIATIVE TO THE VOTERS OF WEST WINDSOR TOWNSHIP CONCERNING ALTERNATIVES TO THE TOWNSHIP’S FORM OF GOVERNMENT WHEREAS, under the Charter of West Windsor Township, the Township currently operates under a non-partisan Mayor-Council form of government under the Faulkner Act, with a five-member council and non-partisan local elections being held during the general election in November; and WHEREAS, a Petition was submitted to the Township Clerk, by a Committee of Petitioners comprised of five qualified voters in the Township (the “Petition”), proposing one question for the general election ballot which seeks to amend the Township Charter to provide for the following alternative to the current non-partisan Mayor-Council form of government under the Faulkner Act: (i) partisan elections to be held in the November General Election; and WHERAS, pursuant to N.J.S.A. 40:69A-25.1, a petition seeking to amend a municipal charter may be initiated by voters, subject to the provisions of N.J.S.A. 69A-184 through -196 or initiated by ordinance adopted by the governing body, subject to provisions of N.J.S.A. 69A-191 through N.J.S.A. 69A-196; and WHEREAS, pursuant to N.J.S.A. 40:69A-25.1, a petition seeking to amend a municipal charter must be signed by a number of the legal voters of the municipality equal in number to at least twenty-five percent (25%) of the total votes cast in the municipality at the last election at which members of the General Assembly were elected; and WHEREAS, pursuant to N.J.S.A. 40:69A-184, attached to the petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that all the signatures appended thereto were made in his presence, and that he believes them to be the genuine signatures of the persons whose names they purport to be; and WHEREAS, pursuant to N.J.S.A. 40:69A-25.1(a)(2)(a), the Petition must be submitted to the Township Clerk at least 20 days prior to being introduced as an ordinance by the Township Council at its next regularly scheduled meeting, a public hearing must take place at the following regularly scheduled meeting, and, if passed, the ordinance must be submitted to the County Clerk for placement on the general election ballot by August 27, 2024. WHEREAS, the Township Clerk received the Petitions on July 24th, 2024 and on August 5th, 2024 advised the Committee of Petitioners that they were insufficient in the number of signatures required for the initiative to be placed on the November ballot and that they had till August 14th to provide additional petitions to the Township Clerk per N.J.S.A. 40:69A-188; and WHEREAS, the Committee of Petitioners provided additional petitions to the Township Clerk on August 6th as per N.J.S.A. 40:69A-188 and after review of these petitions the Township Clerk certified to the Committee of Petitioners that the Petition contains a proper statement of the circulators and is signed by the proper amount of qualified voters on August 12, 2024, which is 25% of the total voters in the last General Assembly Election which was held in November of 2023 and therefore finds the Petition to be sufficient under the standard imposed by N.J.S.A. 40:69A-187; and WHEREAS, per N.J.S.A. 40:69A-187 the Township Clerk at the next public meeting of the Township Council which is August 12, 2024 will certify the petition results to the Township Council and the Public; and WHEREAS, the Township Clerk per N.J.S.A. 40-69A-190 that upon the Township Clerk’s certification to the Township Council this will be deemed to have first reading and a Public Hearing is to be scheduled which will occur at the next Township Council meeting to be held on August 26, 2024; and WHEREAS, per N.J.S.A. 40-69A-191 “If within 20 days of the submission of a certified petition by the municipal clear the council shall fail to pass an ordinance requested by an initiative petition in substantially the form requested or to repeal an ordinance as requested by referendum petition, the municipal clerk shall submit the ordinance to the voters unless, within 10 days after final adverse action by the council or after the expiration of the time allowed for such action, as the case may be, a paper signed by at lease four of the five members of the Committee of Petitions shall be filed with the municipal clerk requesting that the petition be withdrawn. Upon the filing of such a request, the original petition shall cease to have any force or effect”; and WHEREAS, this ordinance if passed by the voters of West Windsor Township will be binding and would take effect for the 2025 Primary and General Election and cannot be changed for at least three years; and NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the Township Council of the Township of West Windsor that pursuant to N.J.S.A. 40:69A-25.1, the Township Clerk is hereby authorized to forward the ordinance to the Mercer County Clerk who will place the below initiative question on the West Windsor Township ballot for the November 5, 2024 General Election: Shall the municipal charter of the Township of West Windsor, governed by the non-partisan Mayor-Council form of government under the Faulkner Act, be amended, as permitted under that plan, to provide for a change from non-partisan to partisan municipal elections to be held in November? Yes No BE IT FURTHER ORDAINED AND ENACTED, that the County Clerk shall also print the below Interpretative Statement to appear on the November 5, 2024 ballot to provide guidance to the voters in making this decision. Interpretative Statement The Township of West Windsor currently holds nonpartisan municipal elections in November, meaning that a candidate’s party affiliation is not currently indicated on the ballot. Voting “yes” to this question will allow for a change from non-partisan candidates for municipal office to partisan candidates for office to appear on the ballot as either a nominee of a political party or as an independent. A “No” vote will result in the continuation of nonpartisan elections to be held in November. Repealer, Severability and Effective Date. A. Repealer . Any and all Ordinances inconsistent with the terms of this Ordinance are hereby repealed to the extent of any such inconsistencies. B. Severability . In the event that any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof C. Effective Date. This ordinance shall take effect upon affirmative vote of the voters of West Windsor Township and the certification of election results by the Mercer County Clerk of the General Election of November 5, 2024. INTRODUCTION: The Township Clerk certified the petition to be sufficient in signatures to the Township Council and a date for the public hearing was set PUBLIC HEARING: August 26, 2024 ADOPTION: The Township Council voted 4 to 1 to not pass the ordinance. The Township Clerk per State Statute forwarded the initiative question to the County Clerk EFFECTIVE DATE: The effective date will be once the County Clerk has certified the election results in November if the voters vote for this change. Allison D. Sheehan Township Clerk Township of West Windsor 1x, PP, 9/13/24, Fee:$108.11
